Lawyers for Gwyneth Paltrow questioned the daughter of a man who sued the actor-turned-lifestyle-influencer-turned-lifestyle-influencer over a skiing accident in 2016 over a lack of GoPro camera footage, which they called “the most important piece of evidence” in court on Thursday.
Steve Owens, Paltrow’s attorney, asked one of the man’s daughters, Polly Grasham, about emails exchanged with her father about the mysterious footage and the possibility that the lawsuit was filed against Paltrow because she was famous.
The GoPro footage was not found or included as evidence at the trial.
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“I’m Famous… At What Price?” Terry Sanderson, the 76-year-old retired optometrist who sued Paltrow, wrote in the subject line of an email to his family after the crash.
Sanderson is suing Paltrow for more than $300,000 in damages, alleging she recklessly drove into him seven years ago on a beginner’s run at Deer Valley Resort, breaking his ribs and leaving him with a concussion. Paltrow has claimed that Sanderson caused the crash and has countersued for $1 and attorneys’ fees.
Gwyneth Paltrow sits in court on Wednesday, March 22, 2023 in Park City, Utah. Paltrow is accused of injuring another skier, who sustains a concussion and four broken ribs. Rick Bowmer/AP
The trial took on an increasingly personal touch on the third day of trial, when Sanderson’s daughter and a neuropsychologist testified about his deteriorating health.
Sanderson’s attorneys tried to convince the jury that the clash had altered their client’s resume, brain damaged him, and damaged his relationships with loved ones.
Paltrow’s attorneys questioned whether Grasham and neuropsychologist Dr. Alina Fong could say with certainty that Sanderson’s downturn was not due to aging or documented conditions prior to the accident. They questioned Grasham about her father’s anger issues, divorce and estranged relationship with another of his daughters, who is not testifying in court.
Paltrow has previously called the lawsuit an attempt to take advantage of her fame and notoriety. On Thursday, Owens, her lead attorney, asked Grasham why her father sent messages about his newfound fame.
“It suits his personality a bit and makes a serious situation easy,” Grasham said of the email.
Owens explored Sanderson’s “obsession” with the case and whether he thought it was “cool” to bump into a celebrity like Paltrow, the Oscar-winning star of “Shakespeare in Love” and founder and CEO of wellness company Goop.
Sanderson is expected to testify Friday about the lingering effects of the crash. He was not present in the courtroom while his doctors and experts detailed his health problems.
Paltrow could be summoned to testify on Friday or early next week if the eight-day trial resumes.
Cases to date have touched on issues ranging from skier etiquette to the power – and burden – of celebrity. The amount of money at stake for both sides pales in comparison to the typical legal costs of a multi-year litigation, private security details and a multi-expert litigation. Sanderson’s attorney told the jury Thursday that this trial was about “value, not cost.”
For the first two days of the trial, attorneys argued over whether Sanderson or Paltrow were further down the slope during the collision – a disagreement rooted in a “Skiers Responsibility Code” that gives the right-of-way to the skier going downhill. Sanderson’s attorneys and medical experts described how his injuries were likely caused by someone hitting him from behind. They attributed noticeable changes in Sanderson’s mental acuity to injuries sustained that day.
Paltrow’s attorneys have attempted to portray Sanderson as a 76-year-old whose decline was more a result of normal aging than the effects of an accident. They have not yet called any witnesses of their own to testify, but in opening statements ahead of the jury, they plan to call Paltrow’s husband, Brad Falchuk, and their two children, Moses and Apple, to the witness stand next week.
Although ski collisions are generally not uncommon, most accidents occur when a skier collides with a tree or other inanimate object or obstacle. Accidents where one skier crashes into another skier are less common. The National Association of Ski Resorts recorded 57 fatal accidents involving skiers hitting trees during the 2021-2022 ski season. Of all skiers who died in these incidents, 95% were men, according to the NSAA, which also reported 54 “catastrophic” incidents during the same season.
This case and its eventual outcome depend on whether Paltrow or Sanderson acted improperly while skiing that day in Deer Valley, and if anyone did, then who. Roger Cohn, personal injury attorney at Kohn Roth Law, told CBS MoneyWatch that negligence is a central part of the debate.
“If one skier hits another, it’s negligence. Did they do something wrong?” Cohn said, adding, “The uphill rider has to watch out for the downhill rider. If you overtake someone and you hit them, you probably have liability and blame.”
His analysis is consistent with the NSAA’s Code of Responsibility, which applies to ski resorts throughout North America. According to the code, “People in front of you have the right-of-way. You must avoid them.” The rules also state that skiers must “always stay in control” and stop to avoid other people if necessary.
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